Strictly Legal: Small claims division keeps things simple

One thing stands out for Montreal lawyer Catherine Ouimet when she meets with people who are preparing a case for the small claims division of the Court of Quebec.

The small claims division is where an individual, or even a small business, can file a claim for a maximum of $7,000 against service providers for compensation for damages of different kinds or unpaid bills.

“What really hits me is that people have no idea how the small claims division works. For many, it is their first contact with the justice system and they are stressed, so it’s very emotional for them, and they think that it will be like it is on television or in the movies, which is not the case at all,” said Ouimet, also executive director at the Young Bar Association of Montreal.

For close to two decades, the association representing Montreal lawyers with less than 10 years of law practice has been offering a free advisory service staffed by volunteer lawyers for people who appear before the small claims divisions in courts throughout Quebec, assisting an average of about 800 people a year.

The most common reasons people resort to the small claims division are hidden defects in homes or products — or money owed, Ouimet says.

While a growing number of people are representing themselves in court cases because they can’t afford a lawyer, the Quebec system for small claims — unlike in Ontario and some other legal jurisdictions — does not allow either those launching claims or those defending to be represented by a lawyer during the hearings before a judge.

A judge can make an exception and give special permission if cases are deemed to be very complex, but the idea of having no lawyers present is aimed at making sure those launching claims — even ones against big companies — are not browbeaten by an opponent’s lawyer and that the process remains as simple as possible to enable quick resolution.

The notion of a speedy resolution is one reason why people will often reduce a claimed amount in order to meet the $7,000 monetary restriction of the small claims division.

Beside the Young Bar’s advisory service, now promoted directly through the small claims court clerk’s office, the Quebec justice department allows people to fill out a small claims court form online and gives tips to applicants during each step of the process.

Applicants using the online process can obtain direct help from a clerk for free by calling 1-866-536-5140 to make an appointment. The website with the interactive form is available at http://www.justice.gouv.qc.ca/english/publications/generale/creance-a.htm.

Since electronic filing of the small claims form is not yet possible, a copy of any online form still has to be taken to the local courthouse, and, just as important, says Ouimet, is for people to know that they must send what is called a demand letter to the party being taken to the court before filing a case with the small claims division.

With about 20,000 small claims cases filed in Quebec each year, Elizabeth Corte, chief justice of the Court of Quebec, is taking action to find ways to make the process go faster at the small claims division.

While in some judicial districts, resolution can come within three months, the latest statistics presented this week to a special working group set up by Justice Corte show that the delays can be as long as 380 days in some cases.

Better preparation by claimants will undoubtedly help the process go faster.

There are also a growing number of young lawyers who help individuals or companies prepare for a small claims court hearing.

David Freiheit, founder of boutique law firm Freiheit Legal Inc., which offers small claims court advisory services, says bigger companies who do not take small claims cases seriously run the risk of facing a full-blown class action once word gets out of any judgment against them.

Read Freiheit’s explanation of the small claims process – including information on which companies can use small claims to recover unpaid bills – at The Gazette’s online legal page at www.montrealgazette.com/legalmatters

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